Construction is an inherently dangerous task because it often includes falling objects, collisions with machinery, and innately hazardous conditions. Therefore, it is important to understand who is liable to subcontractors who are injured on the job. Liability Under Premise Liability Law In the past, a subcontractor injury was a question that fell solely under workers’ compensation law. However, a recent Second District Court of Appeals case may have altered the question of who is liable for a subcontractor injury to fall within premise liability law as well. Paratus V. Marzucco’s Construction ..read more

Florida law prohibits driving motor vehicles with a blood alcohol concentration (BAC) of .08 percent or while under the influence of alcohol, harmful chemical substances, or illegal controlled substances. In Florida, the BAC limit drops to 0.02 percent for drivers under 21 years old. DUI Penalties in Florida The penalties for being charged with a DUI depend on the number of prior offenses the offender has or if there are aggravating circumstances. 1st Offense 2nd Offense Misdemeanor 3rd Offense Felony 3rd Offense Jail Up to 6 months (up to 9 months if aggravated) Up to 9 mon ..read more

Florida is only one of 15 states that give prosecutors discretion via direct-file laws to charge children as adults without a judge’s interference. In total, there are four ways in which a child may be tried as an adult: Direct File Statutory Exclusion Discretionary Judicial Transfer Once an Adult, Always an Adult Direct File Florida law allows prosecutors to charge minors that are at least 14 years of age in adult court for the following 19 crimes: Arson; Sexual battery; Robbery; Kidnapping; Aggravated child abuse; Aggravated assault; Aggravated stalking; Murder; Manslaughter; Unlawful thr ..read more

Marsy’s Law, a Florida constitutional amendment, took effect in 2019 after being approved by approximately 62 percent of voters in 2018. The law provides specific rights to the victim of crimes, including: Considering a victim’s safety when authorities set bail for the accused. Preserving the victim’s confidentiality or that of the victim’s family, including any information that could be used to locate or harass the victim or their family. A right to due process. A right to be notified about all stages of the criminal process regarding the defendant, including trial, sentencing, an escape, an ..read more

As many are aware, Uber, Lyft, and other rideshare companies changed the structure of the working world and altered the landscape of transportation throughout the United States. However, the convenience of rideshare services certainly comes with a cost. Rideshare drivers may make careless choices while driving and fail to maintain their vehicles, which can lead to dangerous and deadly accidents for passengers and other drivers. Florida Uber/Lyft Bill Requirements Florida law provides that drivers must maintain auto insurance, including personal injury protection and property damage liability ..read more

Whether you love the holidays or not, they are an annual fact of life that comes with a host of activities: holiday parties, gift shopping, and the dreaded holiday travel. Driving, flying, or otherwise, traveling during the holidays can be the most stressful part. Whether close to home or far away, many people have a chance to travel for the holidays. Of those who traveled, millions in Florida and away chose to drive to their various holiday activities. Even without the additional travelers on Florida roads that we had during the holidays, driving is dangerous. Whether it is an accident betwee ..read more

The criminal justice system’s purpose is to grant justice for those wronged and to hold those responsible accountable. As with all things, though, no system is perfect. Even the best systems with the purest intentions can still be plagued with issues. One issue in the criminal justice system is wrongful convictions. No matter how insignificant the charge, every wrongful conviction substantially affects the wrongfully charged and convicted individual. These convictions result in time in both Court or jail, money spent to defend against the charges, and, perhaps most importantly, substantial imp ..read more

In Florida, Marsy’s Law is an amendment to the Florida constitution that provides victims of crimes with certain rights and treatments following the crime. Generally, Marsy’s Law has been applied to civilians who have been the victims of a crime. However, the Florida Supreme Court is set to hear a case where police officers have claimed victim status, claiming Marsy’s Law applies to them and their involvement in a use-of-force case. The potential application of Marsy’s Law to police officers involved in a civilian altercation is an issue that the State’s highest Court has not yet heard. Crimin ..read more

If you follow the news, there is a good chance that you have seen cases where children are charged as adults for committing crimes. In Florida, the previous trend was an increase in children being charged as adults for the crimes that they had committed. However, it appears that fewer and fewer minors are being charged as adults in Florida in 2021. Regardless of your philosophical beliefs regarding adult charges for a child’s crimes, the fact remains that these charges have seen a decrease in the past year. This article will discuss the background of the phenomenon and analyze why these charge ..read more